Regarding construction or renovation of a Hardees restaurant, under what conditions must the franchisee supply Hardees or its designees with samples of construction materials, test borings, corings, due diligence environmental studies, supplies, equipment and other material and reports?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
During the course of construction and/or renovation, Franchisee shall (and shall cause Franchisee's architect, engineer, contractors, and subcontractors to) cooperate fully with HR and its designees for the purpose of permitting HR and its designees to inspect the Franchised Location and the course of construction of the Franchised Restaurant in order to determine whether construction is proceeding according to the Plans. Without limiting the generality of the foregoing, Franchisee, and Franchisee's architect, engineer, contractors and subcontractors shall: (1) supply HR or its designees with samples of construction materials, test borings, corings, due diligence environmental studies, supplies, equipment and other material and reports, if any such tests, studies or reports indicate there may be material problems or as HR or its designees may request; and (2) afford HR's representatives and its designees access to the Franchised Location and to the construction work in order to permit HR and its designees to carry out their inspections.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, during the construction or renovation of a franchised location, franchisees must cooperate fully with Hardees and its designees, ensuring that their architects, engineers, contractors, and subcontractors also cooperate. This cooperation is to allow Hardees to inspect the location and the construction progress to verify it aligns with the approved plans.
Specifically, the franchisee is required to supply samples of construction materials, test borings, corings, due diligence environmental studies, supplies, equipment, and other materials and reports to Hardees or its designees under two conditions. First, if any such tests, studies, or reports indicate there may be material problems. Second, if Hardees or its designees request these items, regardless of whether material problems are indicated.
In addition, the franchisee must allow Hardees' representatives and designees access to the construction site to conduct their inspections. This ensures Hardees can monitor compliance with the approved plans and standards during the construction or renovation process. Franchisees should be prepared to provide all requested documentation and access to the site to avoid any delays or complications during construction.