This is a tough one, but from what I'm understanding here, I'm saying the shop should have addressed this before releasing the bike. I work at a shop, and within a certain amount of reason, it's up to us to insure that parts are installed correctly. I don't know about most of you, but just about anyone short of a rank beginner should know to check crown/top tube interference on dual crown fork installations. If for some reason a crown is not readily available that keeps this from occuring, or a bumper modification cannot be designed to keep if from occuring, then the ball is in the customer's court to make a decision about options or operate it as is...but the customer is strongly warned of the circumstances and even a notation would be made on the shop's work order copy stating this condition and warning. Man, we even note on work copies when a bike's brakes aren't working when it left the shop.
Even if a guy brings in a box of parts and wants us to put it together, if we take the job, we do the job...and make any short comings clear to the customer or look at options with the customer to fix it right. I don't know Zedro, I don't put this in the same category as chainstay protection or similar issues. Clearance or contact issues on a dual crown fork and the frame it's mounted on is a major issue in an installation, not an incidental.
If I've missed something in the details from the original poster here, that might change my opinion...or if he's not telling the whole story.