> Note specifically the middle part of 4.9. It does not say word-for-word the same thing i said, but it very strongly implies that delays are fine (and in fact they normally are accepted on kickstarter) as long as communication is kept up.

The suit says that the Kickstarter FAQ strongly suggests keeping up communication in the event that delays are unavoidable, that does not say that the creators are allowed to delay as much as they need. Particularly, there is nothing inconsistent about it being a recommended course of action in the event that a binding obligation is not able to be met -- the fact that something is required doesn't always mean it is possible.