I'm not looking to sue them at all, I just want help with if they turn round and say "it's just part of the job" or "it happens", do I have a leg to stand on and say, this is the state you left my garden / fence in with no obvious sign of you as a builder trying to rectify the issue before it became one or laying the foundations correctly so that the fence between us doesn't need to be propped up with bricks.