The implied warranty of good and workmanlike performance of services generally applies to the repair and modification of existing tangible goods. It is a common law warranty that was first recognized by the Texas Supreme court in Melody Home Mfg. v. Barnes, 741 S.W. 2d. 349 (Tex. 1987).
To prove a cause of action for breach of the implied warranty of good and workmanlike services, the plaintiff must establish that the defendant sold repair or modification services to the plaintiff’s existing tangible goods or property. A “repair” is the restoration of something by replacing a part or fixing what is broken. A ‘modification” includes any change or alteration that introduces new elements into the details of the subject matter or cancels some of them, but leaves the general purpose and effect of the subject matter intact.
The implied warranty of good and workmanlike services does not apply to professional services, certain services relative to helicopter maintenance, the future development services of a real estate developer among others.