You've really seen a web software product die because of performance issues?
You could counter "if only performance was legally included in the contracts, a better site would be delivered." Maybe, but my point is there is big difference between internal "req. gathering" that informs work while everyone is long-term motivated for good user experience anyway, vs. external contract/deadline gathering for almost adversarial "deliver worst thing that passes and walk away" settings. Brushing both under same wording feels insufficient to me.
The $480M bug that killed a trading company in 12 secs
Challenger
Probably a bunch of stories from healthcare
It was a flag reuse issue. Nothing related to "performance"