Who is responsible for constructing and developing a Potbelly Sandwich Works shop?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
You are responsible for constructing and developing the Shop. We will give you Plans for a Potbelly Shop's physical structure, exterior elements, and interior layout. The plans will include mandatory and suggested standards and specifications for, among other things, size, dimensions, design, image, decor, Operating Assets, and color scheme. However, the Plans might not reflect the requirements of any federal, state, or local law, code, or regulation, including those arising under the Americans with Disabilities Act ("ADA") or similar rules governing public accommodations for disabled persons. We do not require you to use our approved architect for creating the Plans. However, our approved architect must review and accept the Plans. If you choose to use an architect other than our approved architect, then we may charge you an architectural review fee of $2,000, which you must pay to us at the time of the review.
You must prepare, using our approved architectural and design services vendor, a site survey and all required construction plans and specifications to suit the site and make sure they comply with our requirements, the ADA and similar rules, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions. You must send us for review
and acceptance your Plans, site survey and construction plans and specifications before you either submit them for permitting or begin constructing the Shop and all revised or "as built" plans and specifications during construction. Our review is only to ensure your compliance with our design and layout requirements.
You must identify for us your proposed general contractor before the Shop construction process begins. The general contractor must have sufficient experience (in our opinion) constructing similar types of commercial restaurant properties. You are responsible for the performance of architects, contractors, and subcontractors you hire to construct, develop, and maintain the Shop and for ensuring that sufficient insurance coverage is in place during the construction process.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 28–34)
What This Means (2025 FDD)
According to Potbelly Sandwich Works' 2025 Franchise Disclosure Document, the franchisee is responsible for constructing and developing their shop. Potbelly Sandwich Works will provide the franchisee with Plans for the shop's physical structure, exterior elements, and interior layout, including mandatory and suggested standards and specifications for size, dimensions, design, image, decor, Operating Assets, and color scheme. However, these plans might not reflect all federal, state, or local laws, including ADA requirements.
The franchisee must use Potbelly Sandwich Works' approved architectural and design services vendor to prepare a site survey and all required construction plans and specifications to suit the site and ensure compliance with Potbelly Sandwich Works' requirements, the ADA, other applicable ordinances, building codes, permit requirements, and lease requirements and restrictions. The franchisee must submit these plans to Potbelly Sandwich Works for review and acceptance before submitting them for permitting or beginning construction. Potbelly Sandwich Works' review is to ensure compliance with their design and layout requirements.
Before construction begins, the franchisee must identify their proposed general contractor, who must have sufficient experience constructing similar commercial restaurant properties, in Potbelly Sandwich Works' opinion. The franchisee is responsible for the performance of the architects, contractors, and subcontractors they hire to construct, develop, and maintain the shop, as well as ensuring sufficient insurance coverage is in place during the construction process. If the franchisee chooses to use an architect other than Potbelly Sandwich Works' approved architect, Potbelly Sandwich Works may charge an architectural review fee of $2,000, payable at the time of the review.