Scott M. Palatucci – Trif & Modugno

PARTNER

Mr. Palatucci has extensive experience in the areas of commercial litigation (with a focus on fidelity and surety, construction and bankruptcy matters) and defense litigation.

Within those areas, Mr. Palatucci regularly prosecutes and defends claims in Federal and State courts, as well as arbitration tribunals.

In his litigation practice, Mr. Palatucci represents insurance carriers, surety companies, public and private owners, general contractors, subcontractors, utility contractors, and heavy highway contractors in a broad range of construction and commercial disputes. His experience includes litigating matters involving construction site accidents, contract disputes, mechanic’s liens and lien foreclosure actions, performance and payment bond claims, construction defects, equitable adjustment claims, subrogation actions, and insurance bad faith litigation.

In addition to his litigation practice, Mr. Palatucci advises clients on a wide range of corporate and commercial transactions, providing practical legal counsel tailored to their business objectives. His experience includes reviewing, negotiating, and drafting a broad spectrum of agreements, including construction and design contracts, as well as advising on risk management, corporate governance, business restructuring, mergers and acquisitions.

Specific to surety, Mr. Palatucci regularly represents surety companies, contractors, and developers in connection with contract disputes, performance and payment bond claims, affirmative claims, loss recovery, bankruptcy issues and contractor workouts. He also has extensive experience auditing third-party claim handlers for his surety clients and for general liability, property, and builders’ risk underwriters facing construction disputes and project completion issues.

Mr. Palatucci also regularly consults with surety underwriters in the development, implementation, and enhancement of contract and commercial surety products. Services include drafting and revising bond forms, indemnity agreements, underwriting documentation, and related contractual instruments to address evolving business, regulatory, and market requirements. Services further include coordinating with counsel in multiple international jurisdictions to structure and adapt surety products for use in foreign markets (i.e., working with local counsel to address jurisdiction-specific legal requirements, enforceability issues, execution formalities, and cross-border risk allocation, ensuring that surety documentation aligns with local law while preserving the surety’s intended protections).

Mr. Palatucci is admitted to the bars of the Commonwealth of Pennsylvania, the State of New Jersey, the State of New York, the District of Columbia, the United States District Court – District of New Jersey, and the United States Court of Federal Claims.

Prior to entering private practice, Mr. Palatucci served as Law Clerk to The Honorable Joseph F. Scancarella (Ret.), Presiding Judge, Superior Court of New Jersey, Passaic County, Law Division, and as Law Clerk to The Honorable Philip H. Mizzone, Jr., Superior Court of New Jersey, Passaic County, Chancery Division.

Practice Areas

Bankruptcy, Restructuring & Creditor's Rights
Construction Claims & Litigation
Corporate Transactions
Insurance Defense
Litigation
Professional Liability Defense
Product Liability & Tort Law
Professional Malpractice Defense
Real Estate
Renewable Energy
Surety & Fidelity

Involvement

American Bar Association – Tort Trial and Insurance Practice Section (Fidelity and Surety Law Section) (Member)
Construction Lawyers Society of America (Construction Fellow)
National Bond Claims Association (Member)
New Jersey State Bar Association (Co-Chair of the Fidelity and Surety Law Committee - 2026)
Philadelphia Surety Claims Association (Member)

Admissions

Commonwealth of Pennsylvania
District of Columbia
State of New Jersey
State of New York
U.S. District Court, District of NJ
U.S. Court of Federal Claims
United States Court of International Trade

Education

Delaware Law School (J.D. 2003)
University of Delaware (B.A. 1999)