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Definitely, looks like the nail gun needs to be slowed down a little, or the spacers should be increased in size. Basic stuff.
They'll probably say it's not structural and will be hidden eventually. But they should be making the most of the materials they're working with. You didn't spec/pay for smaller/weaker timber, etc.
JonoMarshall
This is a bit of studwork prep done by my builder. Doesn't look particularly sound as the bits of wood look split. Can I say something?