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 Michigan, the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, professional services provided by doctors, lawyers, architects, engineers, and dentists are not subject to the same type of implied warranties that goods are under the Uniform Commercial Code. Instead, the quality of professional services is typically addressed through the lens of professional malpractice. Malpractice claims are based on the allegation that a professional failed to meet the standard of care for their profession, which is determined by what a reasonably prudent professional in the same field would do under similar circumstances. Michigan law requires that these professionals perform their duties to the standard of care specific to their profession, and failure to do so may result in a malpractice lawsuit. There is no explicit statutory recognition of implied warranties in professional services in Michigan, and such issues are generally governed by case law.