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SMID.OB > SEC Filings for SMID.OB > Form 8-K on 19-Feb-2009All Recent SEC Filings

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Form 8-K for SMITH MIDLAND CORP


19-Feb-2009

Other Events, Financial Statements and Exhibits


ITEM 8.01 Other Events

Litigation Settlement

On April 25, 2008, Smith-Midland Corporation (the "Company") filed a Petition to Establish and Enforce a Mechanic's Lien and Complaint for Other Relief against JPI Construction Services, GP LLC ("JPIC"). On August 8, 2008 JPIC filed a Counterclaim against the Company for breaches of a subcontract seeking damages in excess of $500,000 plus interest, costs and attorneys fees. On January 30, 2009, a settlement agreement between the parties was achieved and the agreement was fully executed on February 9, 2009. The Company has steadfastly maintained its position in the matter, however, because of senior managements' time required to prepare for trial, the projected legal fees attributable to the trial and the prolonged period required for the process, the Company decided it was not in its best interest to continue forward with a trial. The significant terms of the agreement are as follows:

1. The Company was required to forgive outstanding retainage receivables from JPIC of approximately $199,000.

2. The Company was required to make a $426,000 cash payment to JPIC, which has been made.

3. Both parties agreed to release each other from any and all other claims arising out of this dispute.

In addition, each party is required to pay their own attorney's fees, which for the Company, was approximately $160,000.

Press Release

On February 19, 2008, the Company announced that it has been awarded four new contracts in the total amount of $8.8 million to provide its precast concrete products to construction projects in Northern Virginia and Maryland.

The press release is attached as Exhibit 99.1 and is incorporated herein by reference.



ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(d) Exhibits

Exhibit No. Exhibit Description
99.1 Press release, dated February 19, 2009


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