I've calculated the 50% loss basing on a 5 board delivery per BJ and an hashrate per board of 550GH/s (and an avg of 90%/month of difficulty increases, the default now at mining.tgb)
However since that HF should start shipping sometime like today for that to happen, we are talking about dreams.
Hi, I'm not from the US and so I don't know how close their company law is to it's UK equivalent. but I think that your chances of getting any 'consequential' damages out of them, ie losses you think you have incurred as a result of their non delivery of your rig, are next to zero. Most courts wouldn't consider such a claim unless there were very specific clauses in the purchase agreement (like the ones for Boeing's Dreamliner from the airlines).
For anyone that paid in Bitcoins, there's another complication as bitcoin isn't recognised as a currency (yet) so a court might not actually recognise that a 'legal' payment had taken place, unless you got a confirmation that your order had been received and that the full amount due in US dollars, not bitcoin, had been paid.
Has anyone actually received a rig yet?