Thats pretty sloppy . I guess it depends on how that wall will be finished, as to if it will be ok.They should strip off the other form work to be sure it is not that bad all around. Dont make any "draw" payments if that payment is based on the gunite being complete. The gunite hose man should have seen this , and realized the flex was positioned wrong. That work is unaccepptable, and as such I think you should hold payment .