Hello, I'm classified as 1099 and have a Independent Contract Agreement where I provide services for a 3rd party that is not listed in the contract. I've worked under similar terms and other companies provide a Statement of Work (SOW) to the Master Service Agreement and they list the 3rd party as XYZ. Pretty much they say you will be providing services for XYZ under the SOW originated from the Master Agreement. I don't understand how I have a Independent Contract yet there is no Master Service Agreement with me and the company but yet they list the company I work for as the 3rd party. I would imagine the company I work for has a Master Service Agreement with the company I am providing services for and I would therefore be considered the 3rd party. The 3rd party pays the company I work for and the company I work for pays me. Why am I not the 3rd party I am not first in line to get paid, I'm last.
The company -- "C" -- that contracts you -- "Y" -- to do work for a third-party company "X" has an agreement with company X. That contract is the CX contract. C has a contract with your company. That contract is CY. Your company is not a beneficiary of the CX contract; therefore, you cannot be a third-party in the service contract model that your facts create. Also, how can you be sure that you are last in line to get paid? You should get paid upon completion of contract CY. Upon proof of completion of CY then payment would be due on contract CX.
If your question is whether contract CY must state exactly who X is in order to be enforceable even if you know the identity of X, the answer would depend upon industry custom or past practices with the company that hired your company. But my answer to you is NO.
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