However, as discussed further below, there is a duty "implied in every contract for work or services" to perform skillfully and "in a workmanlike manner." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc. , 293 Ga.App. 812, 668 S.E.2d 316, 318 (2008). There has been some confusion in past Georgia case law as to whether a violation of this duty to perform work in a "workmanlike" manner appropriately sounds in contract or tort.

And while we are mindful that a general contractor can potentially incur personal liability where he affirmatively undertakes to supervise construction work and does so negligently, there was no evidence that Husfeld engaged or sought to engage in any supervision. Compare Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc., 293 Ga.App. 812, 815 (668 S.E.2d 316) (2008) (project manager had a duty to "perform the supervision" of the construction work skillfully, carefully, diligently, and in a workmanlike manner); Howell v. Ayers, 129 Ga.App. 899, 900 (4) (202 S.E.2d 189) (1973) (evidence was sufficient to show the contractor's negligence "in undertaking to supervise" the construction work). Given Husfeld's testimony, the trial court was allowed to conclude that Husfeld was not personally liable for the negligent construction.

(Citations, punctuation and footnote omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga. App. 812, 814 (668 SE2d 316) (2008). In support of their negligence claim, appellants relied upon the affidavit of James Ahlberg, a civil and geotechnical engineer who opined, based upon his review of soil reports before and after the grading work was completed, that

Rowe Dev. Corp. v. Akin Flanders, Inc., 240 Ga. App. 766, 769 (2) ( 525 SE2d 123) (1999). See also Schofield Interior Contractors v. Standard Building Co., 293 Ga. App. 812, 814 ( 668 SE2d 316) (2008) (independent cause of action exists for negligent supervision of construction work). When an independent cause of action exists and there is no allegation that a product is defective, our courts have traditionally held that "[t]he `economic loss' versus `physical damage' dichotomy that is used in products liability cases can find no application. . . ." (Citations omitted.)

(Citations, footnote and emphasis omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga. App. 812, 813 ( 668 SE2d 316) (2008). Viewed in the light most favorable to Gettner, the record shows the following.

Under Georgia law, a negligent construction claim does not derive from contractual duties but rather requires proof of a "breach of a duty implied by law to perform the work in accordance with industry standards." Schofield Interior Contractors, Inc, v. Standard Bldg. Co., 293 Ga.App. 812, 814, 668 S.E.2d 316, 318 (2008) (quoting Fussell v. Carl E. Jones Dev. Co., 207 Ga.App. 521, 522, 428 S.E.2d 426, 427 (1993)). "The law imposes upon building contractors and others performing skilled services the obligation to exercise a reasonable degree of care, skill, and ability, which is generally taken and considered to be such a degree of care and skill as ... is ordinarily employed by others of the same profession."

"The law imposes upon building contractors and others performing skilled services the obligation to exercise a reasonable degree of . . . care and skill as, under similar conditions and like surrounding circumstances, is ordinarily employed by others of the same profession." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., 668 S.E.2d 316, 318 (Ga.Ct.App. 2008) (citations omitted).

. Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc., 293 Ga.App. 812, 814; Hall v. Harris, 239 Ga.App. 812, 817 (1999)

Here, Defendant had the "duty implied by law to perform the work in accordance with industry standards." Schofield Interior Contractors, Inc. v. Standard Bldg. Co., Inc., 293 Ga. App. 812, 814 (2008); see also Jai Ganesh Lodging, Inc. v. David M. Smith, Inc., 328 Ga. App. 713, 720 (2014). This duty requires "building contractors and others performing skilled services" to "exercise a reasonable degree of care, skill, and ability, which is generally taken and considered to be such a degree of care and skill as, under similar conditions and like surrounding circumstances, is ordinarily employed by others of the same profession."

(Citations, punctuation and footnote omitted.) Schofield Interior Contractors v. Standard Bldg. Co., 293 Ga.App. 812, 814, 668 S.E.2d 316 (2008). In support of their negligence claim, appellants relied upon the affidavit of James Ahlberg, a civil and geotechnical engineer who opined, based upon his review of soil reports before and after the grading work was completed, that