I HATE to hear what you guys are going through. And to think that at one point I was considering ordering an engine from them!
I just wonder at what point they are going to stop building engines all together and just go out of business with everyone's money in hand. They can always file bankruptcy and then reopen under a different name soon after. Those fly-by-night furniture stores do this all the time. I would recommend getting a resolution or your legal action underway soon before it is too late! If he already has an "F" rating with the BBB and he's pretty much taken the phone off the hook because of all the angry customers, he won't be able to sustain his business very much longer.

______________________________________
'67 Mustang coupe
425W-KB Forged 10.2:1-AFR 205's-Victor Jr.-Mighty Demon 825-Joe Sherman spec'd Comp Cams HR -Miller rockers-Hooker Super Comps-3" exhaust-Gene Hughes AOD-3.55 Posi-4wheel disc brakes- 423RWHP @5600/ 448RWTQ @4400