What is the difference between express and implied warranties in design services?

• A. Express warranties are explicit promises in the contract.
• B. Implied warranties are explicit promises.
• C. Express warranties are explicit promises in contract; implied warranties are legal presumptions arising from the nature of the work.
• D. Neither type exists.

Answer: (C)

In design services, warranties come in two forms. Express warranties are explicit promises stated in the contract or in accompanying documents about what will be delivered or how the work will perform. Implied warranties are legal presumptions that arise from the nature of providing professional design services—they exist even without a written promise and are tied to the standard of care and competence expected of a professional.

So, the best answer captures that express warranties are explicit promises in the contract, while implied warranties are presumptions arising from the professional relationship and the typical standards of the work. For example, an express warranty might promise that drawings will meet specific criteria or be delivered by a certain date, whereas an implied warranty would suggest the designer will perform services with reasonable care and skill consistent with professional standards, even if not stated explicitly. Some contracts may limit or modify implied warranties, but the fundamental distinction remains: express = explicit contract promises; implied = duties presumed by law from the nature of the work.