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 Washington State, the law recognizes that professional service providers, including doctors, lawyers, architects, engineers, and dentists, are expected to perform their services with a certain level of skill and care. While there may not always be an express written warranty, there can be an implied warranty that these professionals will deliver services consistent with the standards of their profession. This means that if a professional fails to provide services at the level expected of a reasonably prudent professional in that field, they may be subject to a malpractice claim. In Washington, malpractice claims are typically based on allegations that the professional has been negligent by not meeting the standard of care required. The standard of care is determined by what is considered reasonable for that profession in similar circumstances. Implied warranties in professional services are not explicitly disclaimed in Washington, and claims regarding the quality of services are often addressed through malpractice litigation rather than through warranty law. These principles are derived from both statutory law and case law (common law) in Washington.