Are missed nails and gaps between members a concern in new construction framing?
That's not good. However, before you complain, grab the stud and see if it will move. It could be that the carpenter quickly fired 3 nails then realized he missed and got it right with a 2nd set of nails in which case there's nothing to worry about. Since there's a 2nd top plate (as there should be) you can't look to see if there's a 2nd set of nails, you can only try to move the stud. You may have to bang on it a bit, though with no weight on it, it should move reasonably easily if it's not actually nailed.
You could bring it up politely with the foreman, &quot;Hey, that doesn't look quite right... Can you confirm that this was renailed?&quot; Then wait for him to prove to you that it won't move.
I'd be more concerned, however, that the top plate joint isn't directly above the stud, but I'll leave it to the actual working carpenters here before panicking about that. I wouldn't have done that, but I don't know if it meets code or not.