Expertise
Failure to perform
Specialized legal assistance for entrepreneurs, directors, and organizations
With our broad expertise in contract law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
- We worked for, among others:
Failure to perform
When a debtor has not fulfilled an obligation (fully or properly), this constitutes a failure to perform. A failure to perform is also referred to as 'non-performance'. Therefore, if there is a failure to perform, one party has not adhered to its agreement or agreements. The party suffering damage, also known as the injured party, is entitled to compensation. However, compensation can only be claimed if actual damage has occurred. Consider, for instance, financial damage (based on monetary matters).
The injured party must, however, give the other party the opportunity to remedy its defects within a reasonable period. This is also known as a 'notice of default'. When the reasonable period has expired and the debtor has not remedied its defects, the creditor may send a written demand. This must clearly state why the debtor is liable for the damage suffered.
We have extensive experience in contractual and non-contractual dispute resolution through providing advice, conducting negotiations, or litigation. We have an experienced team of lawyers and legal experts in the field of contract law. Please contact us to discuss the possibilities. If the creditor no longer requires the debtor to fulfill their obligation, the creditor may claim damages.
Mr. Jaime Boogaers
Corporate Law · Lawyer
In specialized legal cases, it is not just about the legal rule. It is also about evidence, timing, negotiating position, and the business implications of every step.
What we help with
We assist entrepreneurs and organizations with legal questions where careful assessment, strategy, and execution are important.
- Assessment of your legal position
- Analysis of contracts, decisions, correspondence, and supporting documents
- Advice on liability, defense, and strategy
- Drafting or reviewing legal correspondence
- Negotiation with counterparty, trustee, shareholder or advisor
- Guidance during escalation, proceedings, or settlement
When should you call in a specialist?
Legal assistance is particularly valuable when the stakes are high, deadlines are running, or when an incorrect response could weaken your position.
- There is a claim, demand, or notice of liability
- You are unsure whether to respond, negotiate, or litigate
- There are major financial or reputational risks
- The other party exerts pressure or uses short deadlines
- You want to prevent a response from being used against you later
- You want to know in advance what is legally and commercially sound
Assess first, then respond
In specialized cases, an initial response can be decisive for the subsequent course of action. An admission, incomplete explanation, or the wrong tone could be used against you later. Therefore, we first assess exactly what is being alleged, which facts have been established, which documents are missing, and which strategy aligns with your best interests.
Our approach
You will not receive an abstract legal account, but a practical assessment of your position, risks, and next steps.
01
Intake and initial assessment
We will briefly discuss the situation, the available documents, and your primary interests.
02
Analysis of position and risks
We assess your legal position, supporting documents, deadlines, and possible next steps.
03
Strategic advice
You will receive concrete advice on the best course of action: responding, negotiating, settling, or litigating.
04
Execution
We assist with correspondence, negotiation, litigation strategy, or further legal assistance.
Specialists for entrepreneurs
We combine legal analysis with practical experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of contract law. In addition, they have specialized in one or more areas of focus within private law. We have organized several areas of focus into various practice groups. Based on his or her specialization(s), each lawyer is part of one or more practice groups. Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about failure to perform
Below, we answer frequently asked questions about this area of law, our approach, and seeking legal assistance.
When is legal advice advisable?
Legal advice is wise as soon as pressure arises, deadlines are running, an opposing party takes a position, or when the financial or strategic interests are significant.
Can MKB Juristen also help if there is already a conflict?
Yes. We assess your legal position, advise on strategy, and can assist with correspondence, negotiation, defense, or further legal steps.
How much does specialist legal advice cost?
Specialist advice is provided on an hourly basis in principle. Where possible, we provide clarity in advance regarding the expected approach, costs, and next steps.
Can I have a no-obligation consultation first?
Yes. You can request a free consultation. We will briefly discuss your situation and indicate which course of action is likely the sensible one.
Discuss your position
Do you want to know where you stand legally or what step is sensible? Discuss your situation with a lawyer or in-house counsel.
More expertise within this team
Also view the other sections within this area of law.
Contact us
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Want to know more about our services?
Then contact our specialists.
