When contractual obligations are not carried out according to stipulations agreed to by both parties, you can expect an ugly lawsuit to come next. What more if the agreement is not carried out at all? 3D Realms is about to find out the answer to that scenario as Take-Two Interactive files suit against what's left of the developer company for failing to deliver Duke Nukem Forever, via its parent company, Apogee.

In an interview over at YouGamers, Scott Miller, founder of Apogee (now known as 3DRealms), assures that Duke Nukem Forever is being worked on. Yes folks, despite the game being treated as a punchline, and being used as an epitome of vaporware, Miller says that it's been resurrected, and in Eugene Huang of GamePro's words: making good progress.

It's nice to note that 3D Realms takes full blame for the delay. Here's Miller's words:

First, we fully admit we’re [sic] screwed up the development of DNF, and it’s now an industry joke. I laugh (and cry) when I think about it, too. Our fault is that we set the bar too high, and we tried too hard to make the game to beat all games. In the last 18 months we’ve taken a much more realistic look at the project, we’ve hired a truckload of experienced help, and I personally believe we are now on the right track... finally.

As for the question of Duke’s lasting appeal, I believe strongly that it doesn’t matter at all. DNF will succeed or fail not because of the Duke brand, but solely based on whether the game is great, or not. The original Duke Nukem 3D didn’t have a large fan following, and yet it succeeded. DNF will have to stand on its own just the same.

The game is reportedly in full development and has a 33 man team working on it. Publishing wise, Take-Two Interactive has inherited 3D Realms' original agreement with GT Interactive back in the 90s. Miller notes that the original agreement does allow them to sell the game directly through an online digital service, and that they plan to do so.

Yes, they're taking forever, but at least they're admitting they messed up. So yeah, they're taking criticism pretty well. In fact Miller even has a favourite Duke Nukem Forever joke here's him talking about it: "It's hard to resist the cold, cruel, but true: Duke Nukem Taking Forever. My two sons, in particular, love to slam me with this one."

They plan to bring DNF to multiple platforms. However, Miller has refrained from noting which ones.