What does 'Commencement of Construction Activity' mean in the context of an Epcon Communities franchise?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
- 2.1.1 "Commencement of Construction Activity" shall mean Franchisee's commencement of any activity on the Project site that is a precursor to or involves grubbing or clearing land, land development or building construction.
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to the 2025 Epcon Communities Franchise Disclosure Document, 'Commencement of Construction Activity' refers to the start of any action on the project site that either precedes or involves clearing land, developing the land, or constructing buildings. This definition is crucial for Epcon Communities franchisees as it marks the point at which certain obligations and timelines may begin.
Specifically, the FDD states that franchisees should aim to complete each unit within 270 days after construction begins. This timeframe is important for managing project timelines and ensuring timely completion of units. If a franchisee's license to use the Epcon Communities Development System is terminated before all units in a project are finished, the franchisee might be granted a limited license to complete construction, but only if construction had already started before the termination date or if there's a non-contingent sale-purchase contract with a third party.
Moreover, the franchisee would need to pay a Point of Closing Royalty Payment to Epcon Communities for each unit. Even with this limited license, the right to finish construction expires two years after the termination date. Therefore, understanding when construction officially commences is vital for franchisees to manage their projects, adhere to timelines, and understand their obligations in case of termination.