We currently don't know which party is acting in bad faith. The publishers could be delaying to avoid the payout or the 3 founders could be rushing to get the payout. It's true that a shit half baked game would ruin the series and cause damages, if there is an actual lack of content, there is justification in delaying it.

I guess we will get a clearer picture as the lawsuits draw to a close and the game is released.