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Disputes with the Chilean State: protection actions, administrative appeals, the Public Procurement Court and public works concessions

Last verified: 2026-10-26 · Status: Stable

Anyone harmed by the State can go to court (Constitution art. 38). The fastest remedy is the protection action before a Court of Appeals, which must be filed within 30 calendar days of the act or of learning of it (Constitution art. 20; Corte Suprema Auto Acordado Nº 1). Within the administration, most acts can be challenged by reconsideration or hierarchical appeal within 5 business days, and the authority has 30 days to decide (Ley Nº 19.880 art. 59). Bidders and contractors in public procurement go to the Public Procurement Court within 10 business days. Since Ley Nº 21.634, that court also reviews acts during contract performance (Ley Nº 19.886 art. 24 and 24 ter). Public works concessionaires have their own track. A Technical Panel gives a non binding recommendation within 30 days, and the concessionaire can then go to an Arbitral Commission, whose judgment is final, or to the Santiago Court of Appeals (Decreto Nº 900 of 1996 art. 36 and 36 bis, as replaced by Ley Nº 20.410).

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UTM and UTA amounts use the October 2026 values published by the SII (UTM CLP 72,151; UTA CLP 865,812). Conversions are for orientation only.

Key facts

Deadline to file a constitutional protection action	30 calendar daysCorte Suprema Auto Acordado on the protection action, Nº 1, as of 2026-10-26 · in force
Deadline to file reconsideration or hierarchical appeal against an administrative act	5 business daysLey Nº 19.880 art. 59, as of 2026-10-26 · in force
Maximum time for the authority to decide an administrative appeal	30 daysLey Nº 19.880 art. 59, as of 2026-10-26 · in force
Deadline to file a claim at the Public Procurement Court	10 business daysLey Nº 19.886 art. 24 ter, as of 2026-10-26 · in force
Maximum time to bring a contract nullity action at the Public Procurement Court	2 yearsLey Nº 19.886 art. 24 ter, as of 2026-10-26 · in force
Time for the Technical Panel to issue its recommendation (extendable once)	30 calendar daysDecreto Nº 900 of 1996 art. 36, text of Ley Nº 20.410, as of 2026-10-26 · in force
Deadline to claim against a Ministry of Public Works resolution (120 days for fines)	1 yearsDecreto Nº 900 of 1996 art. 36 bis, text of Ley Nº 20.410, as of 2026-10-26 · in force
Time for the Arbitral Commission to give final judgment	60 business daysDecreto Nº 900 of 1996 art. 36 bis, text of Ley Nº 20.410, as of 2026-10-26 · in force

The rule

1. Any person whose rights are harmed by the State administration, its agencies or municipalities can claim before the courts the law determines (art. 38). The protection action protects listed constitutional rights against arbitrary or illegal acts or omissions, by the State or by private parties, that deprive, disturb or threaten their exercise. The listed rights include equality before the law, freedom to work, the right to carry out any lawful economic activity, non discrimination by the State in economic matters, and property. The Court of Appeals can immediately order the measures needed to restore the rule of law (art. 20). Under the Corte Suprema's Auto Acordado, the action must be filed with the Court of Appeals where the act or omission occurred within a fatal term of 30 calendar days. The term runs from the act or omission or, depending on its nature, from when the applicant learned of it with certainty (Nº 1). The Court of Appeals' decision can be appealed to the Corte Suprema within 5 business days.
Cost to do it: No court fee was identified in this review. Counsel costs are lower than in ordinary litigation because the procedure is summary.
Example: A municipality revokes a CLP 98,658,000 operating permit for a logistics yard without a hearing. The company has 30 calendar days from learning of the revocation to file a protection action at the local Court of Appeals. / The same permit underpins about US$100,000 of investment. Missing the 30 day window leaves only slower routes, such as an ordinary claim against the municipality.Constitución Política de la República (Decreto Nº 100 of 2005, consolidated text); Corte Suprema Auto Acordado on the processing of the protection action of 24 June 1992, as amended, Constitution art. 20 and art. 38; Auto Acordado Nº 1, 2005-09-22 official text · verified 2026-10-26

2. Every administrative act can be challenged by the interested party through reconsideration (reposición) and hierarchical appeal (art. 15). Reconsideration is filed within 5 days with the body that issued the act, and the hierarchical appeal can be filed in the alternative. Without reconsideration, the hierarchical appeal goes to the superior within 5 days of notification. There is no hierarchical appeal against acts of the President, ministers, mayors and heads of decentralised services, so for those, reconsideration exhausts the administrative route. The authority must decide within 30 days (art. 59). Day based terms in this law are business days, excluding Saturdays, Sundays and holidays (art. 25). If the authority fails to decide an application in time, the applicant can report the delay and, absent a decision within 5 days, the application is deemed granted (art. 64). Silence counts as rejection when the application affects public property, when the administration acts on its own initiative, or when it decides challenges (art. 65).
Cost to do it: No fee for administrative appeals under Ley Nº 19.880.
Example: A regional agency refuses a sector permit needed for a CLP 1,973,160,000 plant. The company files reconsideration with a hierarchical appeal in the alternative within 5 business days of notification. If the regional head rejects it, the file goes to the superior automatically. / The same plant is worth about US$2,000,000. Filing reconsideration first keeps both the administrative appeal and, later, the court routes open.Ley Nº 19.880 on administrative procedure (Ministerio Secretaría General de la Presidencia), Diario Oficial 29 May 2003, Art. 15, art. 25, art. 59, art. 64 and art. 65, 2003-05-29 official text · verified 2026-10-26

3. The Public Procurement Court, based in Santiago, is a special court under the Corte Suprema's oversight (art. 22). It hears challenges to illegal or arbitrary acts or omissions during procurement procedures and, since Ley Nº 21.634, during the performance of administrative contracts. It also hears challenges to acts of the Dirección de Compras on the supplier registry and actions to annul contracts concluded in breach of the probity rules. It does not hear civil claims for breach of contract or any damages claims (art. 24). The claim must be filed within a fatal term of 10 business days from when the claimant knew or should have known of the defect. If an administrative appeal was filed first, the term runs from notice of its outcome. The nullity action cannot be brought more than two years after the defect (art. 24 ter). The court can suspend the procurement or the contract. A pre suit request for suspension must be made within 5 business days, the claim must follow within 5 business days of the suspension, and security is mandatory for pre suit suspensions (art. 25 bis). The final judgment can be appealed to the Santiago Court of Appeals within 10 business days, with devolutive effect only, and there is no further recourse (art. 26 quinquies).
Cost to do it: Counsel costs. A pre suit suspension requires security set by the court (art. 25 bis).
Example: A bidder loses a CLP 493,290,000 hospital supply tender and learns of the award on 1 October. It has 10 business days to file at the Public Procurement Court and can ask the court to suspend the contract's signature. / The same tender is worth about US$500,000. A claim for lost profit cannot go to the Public Procurement Court and must be brought separately in the ordinary courts (art. 24).Ley Nº 19.886 on public procurement contracts, as amended by Ley Nº 21.634 (Ministerio de Hacienda), Diario Oficial 11 December 2023, Ley Nº 19.886 art. 22, art. 24, art. 24 bis, art. 24 ter, art. 25, art. 25 bis and art. 26 quinquies; Ley Nº 21.634 first transitory article, 2023-12-11 official text · verified 2026-10-26 · changed: Ley Nº 21.634, published on 11 December 2023 and in force one year later (first transitory article), extended the Public Procurement Court's jurisdiction to acts during contract performance. It also added a nullity action for contracts made in breach of the probity rules, a two year cap on that action, pre suit suspension, and electronic processing (art. 24, 24 bis, 24 ter and 25 bis).

4. Technical or economic disagreements during a public works concession can be submitted by either party to a Technical Panel. The Panel does not exercise jurisdiction and must issue a reasoned, non binding recommendation within 30 calendar days, extendable once (art. 36). The Panel has five members: two lawyers, two engineers and one economist or finance specialist. Concessionaires pay half of the members' fees pro rata, and the Ministry of Public Works pays the rest and the running costs. The president is paid 150 UTM a month plus 25 UTM per session, up to 300 UTM, and the other members 100 UTM plus 20 UTM per session, up to 200 UTM (art. 36). Disputes over the interpretation, application or performance of the concession contract go to a three member Arbitral Commission or to the Santiago Court of Appeals. Technical or economic aspects can go there only after a Panel recommendation (art. 36 bis). Claims must be filed within two years of final commissioning, for events during construction, or within two years of the event during operation. Claims against Ministry resolutions must be filed within one year, or 120 days for fines (art. 36 bis). The Commission decides procedure as an amiable compositor, weighs evidence under sana crítica, must give judgment according to law within 60 business days of summoning the parties, and its final judgment is not subject to any appeal (art. 36 bis).
Cost to do it: Panel fees in October 2026 values: president up to 300 UTM a month (CLP 21,645,300, about US$21,940); other members up to 200 UTM (CLP 14,430,200, about US$14,626), half borne by concessionaires pro rata. Arbitral Commission members are paid equally by the concessionaire and the Ministry (art. 36 bis).
Example: The Ministry fines a toll road concessionaire CLP 98,658,000. The concessionaire has 120 days to claim before the Arbitral Commission, suspended while any reconsideration or hierarchical appeal is pending. The Commission's final judgment cannot be appealed. / The same fine is about US$100,000. If the dispute is about the cost of additional works, the concessionaire must first take it to the Technical Panel, whose recommendation comes within 30 days, extendable once.Decreto Nº 900 of 1996 (Ministerio de Obras Públicas), consolidated Public Works Concessions Law, art. 36 and 36 bis as replaced and added by Ley Nº 20.410, Diario Oficial 20 January 2010, Decreto Nº 900 art. 36 and art. 36 bis; Ley Nº 20.410 art. 1 Nº 17 and Nº 18, 2010-01-20 official text · verified 2026-10-26

Route	Who decides	Deadline to file	Further review
Reconsideration and hierarchical appeal	Issuing body, then its superior	5 business days	Courts, once the administrative route is exhausted or in parallel where allowed
Protection action	Court of Appeals	30 calendar days	Appeal to the Corte Suprema within 5 business days
Public Procurement Court claim	Public Procurement Court, Santiago	10 business days	Appeal to the Santiago Court of Appeals within 10 business days, then none
Concessions Technical Panel	Technical Panel (non binding)	During performance; no fixed term in art. 36	Arbitral Commission or Santiago Court of Appeals
Concessions Arbitral Commission	Three member commission	1 year against Ministry resolutions; 120 days for fines; 2 years for other claims	None against the final judgment

Routes against State action (sources in the rules above).

Worked example

A foreign company wins a CLP 4,932,900,000 (about US$5,000,000) public works concession for a regional road. During construction, the Ministry orders design changes and the parties disagree on the compensation.
The concessionaire takes the economic disagreement to the Technical Panel, which recommends a figure within 30 days (Decreto Nº 900 art. 36).
The Ministry does not follow the recommendation. The concessionaire files with the Arbitral Commission within two years of final commissioning, and the Panel's recommendation can be considered as background (art. 36 and 36 bis).
The Commission rules within 60 business days of summoning the parties to judgment. Its final judgment is not open to any appeal (art. 36 bis).

Step by step

1. On receiving an adverse administrative act, diarise 5 business days for reconsideration and 30 calendar days for a protection action (Ley Nº 19.880 art. 59; Auto Acordado Nº 1).
2. File reconsideration with the hierarchical appeal in the alternative, so the file goes up automatically if reconsideration fails (art. 59).
3. If the authority does not decide an application in time, report the delay and request the silence certificate (art. 64 and 65).
4. In tenders, monitor the procurement platform daily and file at the Public Procurement Court within 10 business days, asking for suspension if signature is imminent (Ley Nº 19.886 art. 24 ter and 25 bis).
5. In concessions, record technical and economic disagreements in writing and take them to the Technical Panel before any claim (Decreto Nº 900 art. 36 bis).
6. Bring damages claims against the State in the ordinary courts, because the Public Procurement Court cannot award damages (Ley Nº 19.886 art. 24).

Common traps

The protection action's 30 calendar day term is fatal and runs from the act or from knowledge of it, not from the end of any negotiation (Auto Acordado Nº 1).
Administrative days exclude Saturdays, but civil procedure deadlines are only suspended on holidays, so the same "5 days" can end on different dates (Ley Nº 19.880 art. 25; Código de Procedimiento Civil art. 66).
Silence means rejection, not approval, where public property is affected or a challenge is pending (Ley Nº 19.880 art. 65).
The Public Procurement Court cannot award damages; filing there does not stop the limitation period for a damages claim elsewhere (Ley Nº 19.886 art. 24).
Concession claims against Ministry fines expire after 120 days (Decreto Nº 900 art. 36 bis).
A concessionaire that skips the Technical Panel cannot take technical or economic aspects to the Arbitral Commission (art. 36 bis).

Sources

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