Something still needs to be done, there is no legally binding contract anywhere.
For EA, perhaps the best thing that needs to be done here is, for steam to take control of the source repo, and have steam make the builds of the game. If the developer can't/won't continue with development, then, open the source under a GPL type license, so, everyone wins. If developer gets enough $$$, and finishes the game, good for them. If they can't, at least the code is out there so someone might be able to finish it.
For KS, that is a different animal, most of the things on there are looking for funding, they are basically starting from scratch. The reward tiers are meant to give something back for funding them, but, there is no solid recourse when they get they get their funding goal, but fail to deliver. I know some have went to court, and the courts have said that they must give people their rewards specified in the tiers or compensate them.