some folks just aren't inclinded to build but they don't want a 40 year old airplane either
As opposed to what?
RV-3 1972
RV-4 1979
RV-6 1986
Questair Venture 1987
Long EZ 1979
Vari EZ 1975
Europa XS 1992
Pietenpol 1928

In other words, let's not try to use that argument when most of the designs people build at just as old as the "40 year old spam cans" we like to pick at.

What a tragic story. Rushing to get to Oshkosh. Unbelievable.
What makes it even more tragic is the number of people who tried to get him to stop being in such a dead set hurry (myself included). Dan's a perfect example of how self-confidence is a double-edged sword in this hobby that we must at all costs know when to put back into the scabbard.

Bob, that's only true if you go the E-LSA certification route. However, the RV-12 can also be built and certified as E-AB with its associated 25 or 40 hour Phase I and no requirement to match exactly the S-LSA the design is based on. IOW the builder is free to mod from the get go if they opt to build E-AB.
The only change I would recommend with good conscience is to improve the roll cage around the pilots (that is to say, actually put one in the aircraft), seats with taller backs or headrests and get away from a front-hinged canopy.