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There are floor patch compounds that will look like joint compounds when installed.
Gouges in concrete slabs are quite common, if you had any significant experience you would have expected them. The problem is not the original contractor. The problem is you didn't know what to expect then communicated your erroneous expectations to the homeowner.
They could come from nails on lumber (like using a nailer and getting a nail in crooked), a plumber scraping his iron pipe, a ladder with worn legs, etc.
There are many other things that can screw this up. It is pretty common for there to be blobs of liquid nails on the slab. Though the blobs would be scraped prior to carpeting, the remaining glue will never stain properly. Could be tar scuffs from a roofer, white glue, pvc cement or cleaner, etc. If you had experience in construction, you would know that clean stainable slabs are the exception, not the rule.
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