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Civil & Property

Breach of Contract Claims in Chile

They did not deliver, did not pay, or did not perform. We tell you what the claim is worth before you spend money pursuing it.

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Overview

What this involves

Chilean contract law gives the injured party a choice: demand performance, or terminate and claim damages. Which one is available, and which one is worth pursuing, depends on the contract's terms, whether the breach is material, and — very often — on whether the other side has assets worth pursuing.

That last point is the one most people skip. A judgment against a company with no assets is an expensive piece of paper. We assess collectability alongside the legal merits, and we say so plainly when the honest recommendation is to settle or to walk away.

What we handle

Claim assessment

Whether the contract is enforceable as drafted, whether the breach is material, what remedy is available and what it is realistically worth net of costs.

Pre-litigation demand

A formal demand under Chilean requirements, which resolves a meaningful share of cases without a filing and preserves your position if it does not.

Litigation

Filing and running the claim, including precautionary measures to stop assets disappearing while the case proceeds.

Defense

Representation where you are the one being sued, including challenges to the claimed damages and to the contract's enforceability.

Enforcement

Executing a judgment or an enforceable instrument against the debtor's assets — the step that determines whether you actually get paid.

From anywhere

How we run this for a client abroad

Assessment first

You send the documents you have. We tell you what applies, what it costs and how long it takes — before you commit to anything.

Power of attorney

Granted at a Chilean consulate or apostilled where you live. It lets us act for you in Chile without you travelling.

We file, you get updates

Our attorneys handle the filings and appearances in Chile. You get plain-English updates at every stage.

FAQ

Breach of Contract Claims — common questions

What English-speaking clients ask us most about this specific service.

Is there a time limit to sue for breach of contract in Chile?

Yes. Chilean law sets limitation periods that vary by the type of obligation and the nature of the claim, and some are considerably shorter than people expect. Because the period runs from a defined moment rather than from when you decided to act, the assessment is worth doing as soon as the breach is clear.

Our contract says disputes go to arbitration. Does that hold?

Arbitration clauses are generally respected in Chile, and in some commercial contexts arbitration is faster than the courts. Whether the specific clause is effective depends on how it was drafted — vague or one-sided clauses get challenged. We review it before deciding where to file.

Can I claim lost profits?

Chilean law allows compensation for both direct loss and, in defined circumstances, lost profit — but the standard of proof for lost profits is demanding. Speculative projections rarely survive. Claims supported by contracts, historical figures or documented orders do considerably better.

What if the other party has no money?

Then the priority shifts from winning to collecting. Precautionary measures early in the case can freeze assets before they move, which is often the difference between a paper win and a real recovery. If there is genuinely nothing to collect, we will tell you before you fund a case.

Talk to a Chilean lawyer about your breach of contract claim

Get an initial assessment in English — confidential, with no obligation.

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WhatsApp+56 9 5217 5304

Emailhola@oklegal.cl

HoursMon–Sat 09:00–20:00