In professional services such as those provided by doctors, lawyers, architects, engineers, and dentists, there may be a warranty or guarantee of the quality of the services made or implied by law even when there is no express warranty written or stated. And in some states implied warranties cannot be disclaimed by the service provider.

Laws vary from state to state and some state laws recognize implied warranties in professional services and some do not. In states that do not recognize implied warranties in professional services, claims regarding the quality of professional services are generally analyzed as malpractice claims based on the professional’s alleged negligence in failing to meet the standard of care—generally a reasonably prudent and capable professional for the particular profession under the same or similar circumstances.

Laws regarding implied warranties in the provision of professional services may be located in a state’s court opinions (common law or case law) or in its statutes.

In Colorado, the regulation of professional services such as those provided by doctors, lawyers, architects, engineers, and dentists typically does not include an implied warranty or guarantee of the quality of services. Instead, the quality of professional services is generally governed by the standard of care expected within the specific profession. If a professional fails to meet this standard, it may result in a malpractice claim. Malpractice claims are based on the premise that the professional has been negligent in providing services that fall below the accepted standard of care for their profession. Colorado does not have a specific statute that provides for an implied warranty in professional services, and such matters are usually addressed through case law. Therefore, issues related to the quality of professional services are typically resolved through the legal framework of negligence and malpractice rather than through implied warranties.