Practical guide · 2026-09-09
They breached a contract in Bogotá
A contract is made to be performed. When the other party does not deliver, pay, or do what was agreed, Colombian law allows you to demand performance, terminate the contract, or claim damages. The path depends on the type of contract and the evidence.
What the law allows
Civil contracts are governed by the Civil Code: the agreement is law between the parties. Commercial contracts are governed by the Commercial Code. Both treat the bargain as binding and allow damages (actual loss and lost profits) when proven.
You may demand performance (payment, delivery, signature). You may seek termination with restitution. You may claim damages. Those claims can be combined. Do not file an enforcement action unless you have a clear enforceable instrument: the wrong path delays recovery.
What to gather before filing
The contract, or proof it existed: email, invoices, transfers, dated WhatsApp, witnesses. Proof that you performed, or were ready to perform. Proof of breach: delay, defective delivery, non-payment, failure to execute a deed, unfinished work.
Keep originals. A copy helps the study of the file; in many proceedings the court asks for the original or a legally sufficient substitute.
Enforcement or a full action
If the breach is documented in an enforceable instrument — promissory note, bill of exchange, negotiable invoice, conciliation record, or a clear, express, and due obligation — collection may proceed by enforcement, which is usually shorter.
If what you have is a contract and a breach that must be declared and quantified, the case is a full action. That choice is made on the papers, not a generic form.
Where it is heard in Bogotá
Before civil or commercial judges, municipal or circuit, according to amount and venue. Some matters go to Superintendencies (Finance, Companies, Industry and Trade) when the statute grants them judicial powers.
Limitation periods depend on the kind of obligation. Do not let them lapse. A well-drawn demand letter creates a record; it does not replace a claim when time is running.
How to proceed, in order
1. Gather the contract and the evidence. 2. Decide whether there is an enforceable instrument or the breach must be declared. 3. Put the other party in default in writing, with a deadline. 4. Consider conciliation when it helps or when it is required. 5. File before the competent court or Superintendency, with precise claims and precautionary measures if assets must be protected.
I handle these matters in Bogotá, Chía, Zipaquirá, Tabio, Medellín, Cartagena, Cali, and Tunja, and for foreign clients. Office in Usaquén, Avenida Calle 127 # 14-54, Office 610 A. WhatsApp +57 318 887 7711.
This text is general information, not legal advice on a particular case.
Ronald Valencia
Avenida Calle 127 # 14-54, Oficina 610 A, Usaquén, Bogotá D.C.
WhatsApp 318 887 7711