Does Epcon Communities warrant that architectural plans will comply with building codes?
Epcon_Communities Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor's affiliates have used the Development System to assist them in obtaining permits and other governmental approvals under varying circumstances. Notwithstanding this, Franchisor does not warrant or represent herein, and hereby disclaims any such warranty and/or representation, express or implied, that the Development System will comply with any applicable building code requirements or any other applicable federal, state or local laws, or will be adequate for Franchisee's use in any way including, but not limited to, assisting Franchisee in obtaining permits and approval for Franchisee's Project(s). Franchisee (a) recognizes that the provisions of this limitation are a material factor in Franchisor's grant of the franchise and license for the amounts of the fee(s) provided hereunder, and (b) agrees that any accommodation to Franchisee by Franchisor shall not be taken to establish any liability of Franchisor or any contract term inconsistent herewith.
- 9.2 Due to the continual evolution of the plans, and the other materials referenced above, and the volume of detailed information and data contained therein, there are likely to be some inaccuracies and/or items subject to specific local or other requirements which will require correction, at Franchisee's expense, by Franchisee's architects,
Source: Item 23 — RECEIPTS (FDD pages 86–280)
What This Means (2025 FDD)
According to Epcon Communities' 2025 Franchise Disclosure Document, Epcon Communities does not guarantee that its Development System, including architectural plans, will comply with building codes or other applicable laws.
Specifically, while Epcon Communities' affiliates may have used the Development System to obtain permits and governmental approvals, Epcon Communities disclaims any warranty or representation that the system will meet building code requirements or any federal, state, or local laws. This disclaimer extends to the system's adequacy for assisting franchisees in obtaining permits and approvals for their projects.
The FDD emphasizes that this limitation is a crucial factor in Epcon Communities granting the franchise for the specified fees. Franchisees acknowledge this and agree that any assistance provided by Epcon Communities does not establish liability or create contract terms inconsistent with this disclaimer. Franchisees are responsible for ensuring that the plans comply with local requirements, potentially incurring expenses for corrections by their own architects due to inaccuracies or local requirements in the plans.