(b) If any survey is performed that does not require documentation, the limitations set forth in subsections (1) and (2) of this section shall nevertheless apply if, not more than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.

Source: L. 86: Entire article R&RE, p. 698, § 1, effective July 1. L. 87: (2) amended, p. 1577, § 19, effective July 10. L. 2006: (3)(b) amended, p. 339, § 3, effective August 7.

Editor's note: This section was contained in an article that was repealed and reenacted in 1986. Provisions of this section, as it existed in 1986, are similar to those contained in 13-80-127.3 as said section existed in 1985, the year prior to the repeal and reenactment of this article.

This section contains a 10-year statute of repose that sets a date after which a claim may be barred whether or not an injury has been discovered previously. Cornforth v. Larsen, 49 P.3d 346 (Colo. App. 2002).

Under the plain language of this section, in order for the 10-year statute of repose to apply, a survey must contain the notice required by subsection (3). If a survey does not contain the notice, the 10-year statute of response has no application and a plaintiff may sue a land surveyor outside of the 10-year time frame. Cornforth v. Larsen, 49 P.3d 346 (Colo. App. 2002).