8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of Report (Date of Earliest Event Reported): February 19, 2009

SMITH-MIDLAND CORPORATION

(Exact Name of Registrant as Specified in Charter)

Delaware (State or Other Jurisdiction of Incorporation) 1-13752 (Commission File Number) 54-1727060 (I.R.S. Employer Identification Number)

P.O. Box 300, 5119 Catlett Road

 Midland, Virginia 22728

(Address of principal executive offices)

(504) 439-3266

(Registrant’s telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

[ ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[ ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17CFR 240.14d-2(b))

[ ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17CFR 240.13e-4(c))

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

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date: February 19, 2009
	SMITH-MIDLAND CORPORATION
	By: /s/ William A. Kenter
	William A. Kenter
	Chief Financial Officer

SMITH-MIDLAND CORPORATION

Exhibit to Current Report on Form 8-K

February 19, 2009

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

EX-99.1

Smith-Midland Corporation Announces Three New Contracts For Its Precast Products

February 19, 2009

MIDLAND, VA. (BUSINESS WIRE) – Smith-Midland Corporation (OTCBB: SMID) announced today that it has been awarded four new contracts in the total amount of $8.8 million to provide its precast products to construction projects in Northern Virginia and Maryland.

Military Department Investigative Agency Contract (MILDEP)

Smith-Midland was awarded the contract to provide architectural precast concrete panels for the Military Department (MILDEP) Investigative Agencies headquarters to be located at the Marine Corps Base in Quantico, Virginia.  The contract for the concrete panels awarded to Smith-Midland is valued at $4.3 million.

M Square Contract Award:

Smith-Midland was awarded the contract to provide the architectural precast concrete panels for the construction of “M Square”, Maryland’s largest research park located in College Park, Maryland.  The $1.5 million contract awarded to Smith-Midland features 38,000 square feet of its architectural precast panels.

Largest Single Highway Barrier Contract Award:

Smith-Midland was awarded the contract to provide 87,000 linear feet of J-J Hooks® Highway Barrier in the amount of $2.5 million for use in the I-495 HOT Lanes project in Northern Virginia.  This is the largest barrier order ever received by the Company.

Inter-County Connector Contract

Smith-Midland was awarded the contract to provide 18,000 linear feet of J-J Hooks® Highway Barrier in the amount of $545,000 for use on the Inter-County Connector project in Montgomery County, Maryland.

“The Company continues to be impressed with the confidence our customers place in Smith-Midland, particularly when the construction industry itself is in a severe economic downturn.” said Chairman and CEO Rodney I. Smith.

This announcement contains forward-looking statements, which involve risks and uncertainties. The Company's actual results may differ significantly from the results discussed in the forward-looking statements. Factors which might cause such a difference include, but are not limited to, product demand, the impact of competitive products and pricing, capacity and supply constraints or difficulties, general business and economic conditions, the effect of the Company's accounting policies and other risks detailed in the Company's Annual Report on Form 10-K and other filings with the Securities and Exchange Commission.

For more complete information on Smith-Midland Corporation, visit the Company’s web site at SMITHMIDLAND.com.  The “Investor Relations” page includes the Company’s Form 10-K.

Media Inquiries:

Nancy Kemble

kernan1@prodigy.net

Sales Inquiries:

info@smithmidland.com