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He is refusing to remove the screws and plug the holes.
The instructions from the membrane company says to apply sealant to the screw threads and according to you, he didn't do that. ...........he just plain screwed up there. He should have done as the membrane company said to do.
Yes, a lot of holes, and yes a lot of individual steps done over and over and over...... X-2000, but that's what the manufacturer said to do and he didn't do it. Right?

I still don't understand plugging of the holes. This isn't a boat floating on water and no liquid water will ever come up those holes.

Ask Tapcon if re-drilling for the larger diameter 1/4" screws would be a decent repair. Replace the current long screws with the correct, but next larger sized screws would be a good fix. If they agree, just include the sealant on the threads of these new screws as recommended by the membrane company. Problem solved.
I just see zero reason to fill the entire length of those excessively drilled holes........ what will it accomplish? It won't make the slab stronger. Personally, I don't believe the holes make the slab any weaker. Even tho it seems dumb to drill all the way through, I'm trying hard to think if there is any real damage that was done. I don't know, but I don't thins so being the holes are so small............ barely over 1/8 of an inch.
 
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As I see it I have 2 options (1) Have him check the pipes and have a 3rd party engineer sign off that all is good. Also have my GC sign a guarantee that should anything go wrong, I have recourse against his company (the company has been around for a number of years), or (2) Fire them and holdback the amount owed for the subfloor. What are your thoughts on this?
I'd say you are holding the cards. He messed up by not sealing the screws. The hole depth isn't of real concern to me even if it was my own home....... even tho his rational is a bit flaky. That said, I'd be upset too, but really ....is that a real issue? You would have to hire your own engineer do determine that.

Do like I said and call Tapcon and ask them if a shorter replacement screw (but the larger diameter 1/4" shank this time) drilled to the correct depth would make for a proper fix.
Look at my second sketch again. If the water/humidity/moisture content concentration in the slab equalizes or becomes the same top to bottom (which it will), after capping the slab with the membrane, what problem is that hole now causing? The hole will be filled with humidity, not water.
 
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