Would most consider Dutch a one-and-done company if they made buyers pay an extra $1000 to get what they had already committed to pay for at a better price? I certainly would not give them any additional business if that happened to me.
On the other hand, if they drag out the rest of the deliveries to a couple years from now after they win a lawsuit, then wouldn't that also drive customers away from their business because of the lack of professionalism? That even has the assumption that they win the suit which is not a shoe-in from the info we have been fed so far.
It would seem that the best option for Dutch would be to go ahead and eat the extra costs and then possibly sue after the games are built. That assumes Dutch has an extra $1000 a game to actually pay the contract manufacturer. I am no lawyer but maybe they could use the games and company being held hostage as an argument for why they went ahead and paid to get the games. I suspect that is a losing argument in most courts but what do I know.
For the millionth time, please everyone stop the pre-paying and deposit business model!!!!