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 New Hampshire (NH), the concept of implied warranties in professional services is not explicitly outlined in statutory law but is rather addressed through common law, particularly in the context of malpractice claims. When a client alleges that a professional such as a doctor, lawyer, architect, engineer, or dentist has failed to provide services of a certain quality, the matter is typically evaluated under the standard of professional negligence. This means that the professional is expected to perform with the skill and knowledge that is ordinarily possessed by members of that profession in good standing. If a professional fails to meet this standard, they may be found liable for malpractice. It is important to note that while some states may allow professionals to disclaim implied warranties, the ability to do so in NH would depend on the specific circumstances and the prevailing case law at the time of the dispute.