Legal Definitions - nonperformance

Nonperformance refers to the complete failure to fulfill a duty or obligation, especially one that was established by a contract or agreement.

Here are some examples:

• Imagine a homeowner hires a landscaping company to completely redesign their backyard, with a signed contract specifying the work to begin on June 1st. If June 1st passes, and the landscaping company never shows up, never starts any work, and provides no explanation, this is an example of nonperformance. The company completely failed to carry out their contractual obligation to begin the agreed-upon landscaping project.

• Consider a small business that orders a specialized piece of machinery from a manufacturer, with a delivery date set for October 15th. The business pays a deposit, and the manufacturer agrees to ship the item. If October 15th arrives, and the manufacturer has not shipped the machinery and provides no indication that it ever will, this constitutes nonperformance. The manufacturer failed entirely to deliver the goods as promised in the sales contract.

• Suppose a freelance writer is hired by a magazine to write an article on a specific topic, with a deadline for submission. The writer accepts the assignment and the agreed-upon fee. If the deadline passes and the writer has not submitted any part of the article, nor communicated any progress, this would be an instance of nonperformance. The writer failed to deliver the contracted work product.