Avengers 2 Could Include War Machine

Robert Downey Jr.'s contract with Disney/Marvel Studios ended with Iron Man 3. While most expect Robert Downey Jr. to sign a new contract and appear in Avengers 2, the fact remains that he's not currently under contract. What will Disney do if they can't reach a deal with Robert Downey Jr? In an interview with Collider, Don Cheadle reveals that discussions have been happening to possible include War Machine/Iron Patriot in Avengers 2. When asked if he had pitched including James Rhodes in the Avengers sequel to Joss Whedon, Don Cheadle said, "No I have not, but I know that [there are] conversations that have been happening, so we'll see what happens.  If that's able to happen and it makes sense for the story, I'm sure it'll happen, and if not it's fine.  It has to work within the world and sort of the mythology of the whole Marvel universe." While Don Cheadle is vague on why those conversations have been happening, could Disney's back-up plan be to replace Iron Man with War Machine/Iron Patriot if they can't reach a deal with Robert Downey Jr. for Avengers 2? Of course, it's also possible that Marvel Studios might be planning on trying to work all of their Marvel Cinematic Universe superheroes into Avengers 2 as part of a Civil War storyline.