My employer put in a pool and surrounding deck in Aug.2006. The contract called for a deposit, payment when water was put in, and final payment when the poll was finished.
The owner sent a letter in Sept. 2006, stating he was not happy with all of the work, and was not going to pay the total remaining balance unless corrected, and offered to pay a lesser amount in lieu of corrections, which my employer declined, and sent him another statement for the complete balance. He closed the pool as agreed in the contract, and came back in May, 2007 to fix any left over problems. The owner still refuses to pay, and after many exchanges of letters in 2007 and 2008, we finally filed a claim on April 23, 2009. The owner is defending by stating the time limit has expired. Since he still has not paid the final balance, is the original contract still open ?

It's a two year statute so the time frame has expired.

I would consult with an Attorney because there are exceptions and some cases have been "Grandfathered" by the old statute.