Breach of Contract in Colombia: How to Collect in 2026
## When does contractual liability arise?
Contractual civil liability arises when one party fails to meet the obligations agreed to in a contract, causing harm to the other.
The elements you must prove for a successful claim are: 1. The existence of the contract (the underlying obligation) 2. The breach of the obligation 3. The harm suffered 4. A causal link between the breach and the harm
Types of breach
Total breach The party did absolutely nothing of what was agreed.
Partial or deficient performance Something was done, but not in the amount, quality, or timeframe agreed.
Delay The obligation was fulfilled, but late. In some contracts, delay automatically triggers consequences (late-payment interest, activation of a penalty clause).
What damages can you claim?
Direct damages What you lost directly because of the breach: money paid without receiving what was promised in return, expenses incurred to mitigate the harm.
Lost profits The earnings or benefit you failed to receive as a result of the breach. This must be proven — it isn't automatic.
Moral damages In contracts of a personal nature (medical services, personal service agreements), emotional harm can be recognized.
The penalty clause
If the contract includes a penalty clause (also called a contractual fine), the creditor can demand it directly without needing to prove the amount of the harm. The penalty clause also works as pressure to ensure performance.
Limit: a judge can reduce it if it's clearly disproportionate (article 1601 of the Civil Code).
Rescission vs. specific performance
The creditor has two options when facing a breach:
- Action for performance: demanding the debtor fulfill what was agreed, plus damages for the delay
- Action for rescission: asking that the contract be voided and that whatever was paid be returned, plus damages
In contracts with reciprocal obligations, the party in breach cannot demand performance from the other (exceptio non adimpleti contractus).
The court process
To claim breach of contract in Colombia, a declaratory proceeding is started (summary verbal for smaller amounts, or verbal for larger ones):
- Filing the claim before the competent Civil Court based on the amount and jurisdiction
- You can request precautionary measures (preventive seizure of the asset or amount owed)
- The defendant's response
- The evidentiary and trial hearing
- The ruling
For clear, express, and enforceable obligations (a contract breached with no real dispute), an executory proceeding can be more efficient, since it's faster.
Conciliation before the lawsuit
The law requires attempting pre-litigation conciliation before suing in some cases. It's also genuinely useful — 70% of contractual disputes are resolved at this stage without going to trial.
Did someone breach a contract with you and cause you financial losses, or are you being pressured to perform a contract you can't fulfill? We can assess your position and guide you on the best course of action.
El asistente jurídico digital de Jurídiconline analiza tu situación específica. La revisión inicial es gratuita.
