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 Virginia, the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, there is no statutory law that explicitly provides for implied warranties in professional services. Instead, the quality of professional services provided by doctors, lawyers, architects, engineers, and dentists is typically governed by the standard of care expected within the respective profession. If a professional fails to meet this standard, it may result in a malpractice claim. Malpractice claims are based on the allegation that the professional was negligent and did not perform their duties to the standard that a reasonably prudent professional would have under similar circumstances. Virginia case law, rather than specific statutes, often guides the determination of whether a professional has breached their duty of care. It is important to note that while some states may allow professionals to disclaim implied warranties, the ability to do so in Virginia would depend on the specific circumstances and the nature of the professional-client agreement.